Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-10-08

gether by concerted action 70 do a wrongful act,
IL may be TO do An unlawful act, or to do LAWFUL
act ~ unlawful meanA As in this case II this as
SemOV oy the means used intended to compel
kra0se TO pay this fine from fear OF injury to his
business ou by annoyances intimidations threats
ana system OF Interference With his business By
committees requesting his discharge and the EN-.
pioyment OF somebody else, then there was an
attempt to collect a tlne BY unlawful means, and
ali persons entering into this scheme for coectinS
or enforcing this fne
ARE GUILTY OF A CONSPIRACY
to do wrongful act Many things may b done
by one person which constitute no offense: but II
two or more combine to DO the same thing they
may become guilty OF . violation OF the law OF
conspiracy, because the combination more en-
dangers and disturbs society. hence, in the com.
mon law Bishop says the combination is the cen.
IL y JUDD g ea
alton IL the gist OF conspiracy, 50 that when the
parties have once confederated or combined to
nothing more should be done to effect it. Cd
Mass S2S; Com. vs. Thibbetts, Wond.: People
Us: MaLner, $50; Greeniear on Evidence, vol. 3
Harris) In this case the court says, after full
examination OF authorities: From NIL which it
To 40 na % do az
ppTs,adce he paO
general, Is at common law
Ak NDrCTABLR oPFFNsE,
though nothing be done In execution of It. the
case OF Buchanan is Q leading case for many
reasons, especially because 1t settled the question
that the common law OF England was the law of
the State OF Maryland, Notwithstanding various
statutes statutes touching conspiracy had not been
ADOPTED as part or the Maryland law at the
separation from the mother country at the Revo.
tuition, aud the court says that by course OF de.
hundred years from the reSn Of Edward mr. tIS so
the hfty-nin OF George I'LL without single con-
nlcting adjudication,
THESE POINTS ARE CLEARLY SETTLED:
LIST. That an indictment viii lie at common law
for conspiracy to do an act. not Illegal nor pun
ishable, II done by one individual, but immoral
only. "a. For q conspiracy to do an act neither
illegal nor Immoral in an individual but to effect
purpose which has q tendency to prejudice
from another or to injure his reputation by means
not indictabie II practiced by an individual or BY
verDal defamation, and that whether 1t I've to
4th. For conspiracy to cheat and derraud third
person, accomplished by means OF an act which
would not In law amount to an indictable onense.
conspiracy to impoverish or ruin third person in
spirasy to dsIraud third person
though no person be injured thereby. It'll. For q
base conspiracy to defraud third person. though
one means OF enectng 1t should not be determined
on at the time. 9Th. conspiracy is q substan-
tive onense, and punishable az common law,
though nothing be done in execution OF It. FIN.
do lawful act for an Illegal fraudulent, maiici.
Gus, or corrupt purpose, or for purpose which
has a tendency to prejudice the pu6lic In general
Is az common Law an indictable OnenSe.
This CASE WAS DECIDED
about sixty-five years ago. after q most thorough
and exhaustive argument and the citation OF all
OF the authorities existing at the time. It has
been approved by subsequent decisions, but never
questioned or Overruled No decision has been re.
1t certainly would not he becoming In this tri-
bunal TO doubt or crltciSe what has stood 80 long
as landmark In this important bfanch OF the
criminal law"
After reviewing the authorities cited the Judge
continued: "The counsel Tor the defendants In
this, as in the case OF the People va wrig, and In
the case OF the state Vi Stewart, s1eIn TO assume
that parties cannot be convicted OF such conspir.
acy as here charged unless actual violence TO per-
son or property be proved This Doctrine IL not
supported by the cases. Judge Barrett saysin The
Thesis case that the defendants counsel seem TO
have an idea that II body OF men, however large,
acts OF physical violence they are within the law
and that the employers business may be ruined
WITH IMMUNITY, 50 long as no blow is struck nor
actual threat by word OF mouth Is uttered
THIS Is AN ERROR.
'The men who walk up and down in front OF
mans shop may be guilty, though they never raise
finger or utter word. Their attitude may
nevertheless be that OF menace. They may intimi-
date by their numbers, their methods, their
placards, their circulars, and their deviscs. To
our large dry goods shops, and let it be boy
cotted In the manner suggested. Let fifty
or one hundred men, with boycott placards on
tribIting offensive circulars and requesting Gus
toners not to patronize the shop. and how many
luton to pass through the crowd, and elbow their
way into the shop9 Not hand need be raised,
not an oath or even Violent word uttered, and
say whether the attitude Of those men was not
unier the .. !. pretense Of neral suasion,
tI,ot 3.,g6 Sxyor rnt in ArAe
whether the whole object and purpose was not to
mtimidate the gentle patrons OF the establish.
men and DIT the general shI public and 80 Should
within the meaning OF the law, OF the same pur-
port is what is said In state VI. stewart.
Of Secret Organization Of men, combined for 1hs
purpose OF controlling the industry OF others by a
species OF Intimidation which works upon the
mind, rather than the body, are quite as danger.
Gus, and generally altogether moie effective than
acis OF personal violence. There is absolutely
nothing IN either OF these cases to sustain the idea
that force Is necessary element In a conspiracy
Of the Kind we are here, considering I. G., con-
spiracy OF common law.
THE RIGHTS OF LABoRMa MEN.
mo question Is made In this case as to the
rights OF laboring men to DO all they can to I'm.
prove their condition, increase their wages, and
protect themselves against the domination OF CAP
ttal or CAPITALISTS by all lawful and peAceabae
means including all forms OF organizations In
union there is strength. The theory OF instftu-
lions Is that every man Ii 10 nave al t0e uUefEy
consistent with another mans liberty, which per.
mits him to exercise al hts natural rights ana %
use his property as he pleaseA provided he does not
injure another mans rights Or invade another
mans property.
''rHR PRESENT CASH
shows that Kfause and his associates were Musd.
clans and members OF the Washington Musical
Assembly that he was 0ned and Suspended for
non-payment Of the nne, that there was .
meeting of the assembly and measures instt
tuted 70 enforce the payment OF the ma.
Committees consisting OF those Defendants some
appearing at one pl2ce ana others at 6l6srent
points In pursuance Of instructions, visited beer
Rardens, steamboats,. and restaurants. fof the
purpose OF securing the employment, osteasibly Of
union music In this there vas no vSoatton OF law
But II this were not their real purpose e0t Q
pretense the case Is different. We can only Judge
81 what they actually did. Krause had refused 70
nay his fnc, and Il had been decided, BY vote Of
Che assembly, to discipline him and compel me
payment OF the nne and enforce his subna1Ss10n
to the rules Of the assembly, o., IN she
language Of Wllde, TO down him.-not by
due process OF the law but BY the instrumental
X A. kssoxr ornAe ~Vnv